Scope of Executive Privilege in Congressional Investigations

This opinion analyzes the scope of executive privilege as applied to congressional requests for documents and testimony from current and former executive branch officials. It reviews the constitutional basis for executive privilege, including the presidential communications privilege and the deliberative process privilege.

The opinion discusses the accommodation process between the legislative and executive branches, the standards for asserting executive privilege, and the circumstances under which former presidents may invoke the privilege. It analyzes Trump v. Thompson (2022) and its implications for disputes between incumbent and former presidents over privilege assertions.

The opinion provides guidance on the factors to be considered in resolving interbranch disputes, including the specificity of the congressional request, the nexus to legitimate legislative purposes, and the potential harm to executive branch deliberative processes.